Terms and Conditions of Sale for BUYERS
“You”, “Yours”, etc. refers to you as the buyer / purchaser
“We”, “Us”, etc. refers to Mullock’s Ltd referred to as The Auctioneer
By catalogue only. This will be available online, on the viewing day and day of sale.
2. Buyer’s Premium (BP) & VAT
Buyer’s Premium is 20% (plus VAT at the standard rate) in addition to the hammer price of all lots and is payable by the purchaser. No VAT is payable on the BP for books and other zero rated material bought at auction. We operate under the VAT Margin Scheme.
3. Payment & Title
3a. Payment must be made in full within 7 days from the date of the auction by cash, cheque (made payable to Mullock’s Ltd), card – see clause 4. or direct transfer (bank details are provided on invoices or by request). Payment is to be made in GBP Sterling and buyers are responsible for paying all bank fees or charges. In the event that the buyer defaults on payment the auctioneer reserves the right to ban the buyer from future auctions and inform external bidding platforms as necessary. The buyer is liable for any legal or enforcement costs should we have to recover outstanding monies due. After 14 days from the auction if the invoice is not paid we reserve the right to process card details given on commission forms or via The Saleroom, the sum due including charges and postage and packing where applicable.
3b. The buyer may not remove any goods until cleared funds are received. Ownership of the lots passes to the buyer upon cleared funds being received. Buyers are responsible for insuring goods immediately the sum is due for the purchase of the lot(s). Mullock’s will not be liable for any acts or omissions of third-party shippers, storers or packers.
4. Credit/Debit Cards & Online Surcharges
We do not accept American Express. Online bidding via The Saleroom will be subject to an extra charge of 4.95% (plus VAT) in addition to the BP.
5. Artists Resale Rights
In accordance with Artists Resale Rights Regulations 2006 all lots marked (**) which sell for €1,000 or more are subject to a resale royalty charge (“Royalty”). This Royalty is payable by the Bidder.
Subject to the following sliding scale which is applied to lots with a hammer value over €1,000 as follows:
Up to €50,000 - 4%,
€50,000.01 to €200,000 - 3%,
€200,000.01 to €350,000 - 1%,
€350,000.01 to €500,000 - 0.5%
Exceeding €500,000 - 0.25%
For further information please contact the Auctioneers or visit the DACS website at www.dacs.org.uk
6. Condition Reports
Buyers are encouraged to inspect the lots in person during the viewing day(s) in order to assess their authenticity, provenance and quality. For additional information on a lot please ensure that any condition reports are received in writing by 5pm 48hrs before the auction.
7. Commission Bids
Mullock’s are pleased to advise clients and to execute bids on their behalf without extra charge. Commission bids will be accepted by post, telephone or email and any commissions will be purchased at a price as low as other bidding allows or subject to a reserve.
Commission bids will only be accepted on receipt of Credit or Debit Card details. All commission bids must be received no later than 5pm on the day prior to the auction. No commission bids will be accepted on the morning of the sale. We will not be held responsible for any errors or omissions.
7a. Extended Bidding
As part of their online auction process, Mullock's Ltd practices "Extended Time". Auction end/close times are automatically extended by an additional 10 minutes whenever a bid is placed within the last 10 minutes of a timed auction. This will continue until no bids are placed for the last 10 minutes of an auction. The auction is only extended on the lots receiving bids within the final 10 minutes. All other lots will close at the specified time. This service is a courtesy to bidders with slower Internet connections.
8. Telephone Bids
Telephone bids will only be accepted on individual lots with a lower price guide of £100 and above, and telephone bids must be registered with our office by 5pm on the day prior to the auction.
Estimated prices printed in the catalogue are approximate prices expected to be realised (excluding Buyers Premium) they are not definite. They are prepared well in advance of the sale and are subject to revision.
10. Postage & Packing
Successful purchasers must notify the Auctioneers within 24 hours if you are making your own arrangements for collection. Collections must be made from the premises of Mullocks within 10 days of the auction, after which time all items will be packed automatically for despatch and charged at the purchaser’s expense. Although Mullocks are not expert packers, we will pack and despatch lots for those bidders who are unable to collect their items in person.
Charges for this service will be made to cover all costs including labour, packing materials, storage, sourcing, documentation preparation, post office and courier collection & delivery, insurance and fuel surcharges. Please be aware larger, bulkier and more expensive items will attract further charges to cover the extra carriage and associated insurance costs.
VAT will be applied at the standard rate where applicable.
Quotes for this service will not generally be provided for consignments that cost under £15 to pack and despatch.
Please be aware all glass will be removed from framed and glazed items prior to posting. Firearms and weapons are excluded from our shipping service, these must be collected or you will need to make your own arrangements; you must be over 18 and provide appropriate ID.
10a. Storage Charges Mullock’s reserve the right to levy a storage charge after 10 days of £1 per day for unpaid items and/or where shipping instructions have not been received.
11. CONDITIONS OF SALE
11a. The highest bidder shall be The Purchaser, subject to the right of the Vendor to bid and the right of the Auctioneers to reject any bidding. If any dispute arises between two or more bidders, such dispute shall be finally settled by the Auctioneers, or at their discretion the Lot may be resold.
11b. The Auctioneers have the full power to withdraw or alter any lot or lots he may think proper. The bidding will be regulated by the Auctioneers. No bidding shall be retracted.
11c. The Auctioneers act as agents only. Each lot, as set out in the Catalogue or as divided or joined with any Lot or Lots at the Sale at the sole discretion of the Auctioneers, is sold with all faults, imperfections and errors of descriptions, and neither the Vendors nor the Auctioneers are responsible for the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition of quality of any lot. All statements whether made orally or contained in any catalogue, advertising matter, or made in any manner as to any such matters, are statements of opinion and are not to be taken as or implying, statements or representation of fact. Purchasers are deemed to have satisfied themselves by inspection or otherwise, as to all such matters and as to the physical description of any lot. Neither the Vendor nor the Auctioneer make or give, nor has any person in the employ of the Auctioneers or Vendors any authority to make or give a representation or warranty, and in any event, neither the Vendor nor the Auctioneers are responsible for any statement howsoever made or expressed.
11d. Until sold, each Lot shall be at the Vendor’s risk. On the fall of the hammer, such risk shall devolve upon the Purchaser. The Purchaser of each Lot shall immediately give the Auctioneer his or her full name and address and, if required, pay the purchase money of such Lot otherwise at the conclusion of the day’s sale. The Auctioneers on behalf of themselves and the Vendor shall have a lien on each Lot for the purchase money thereof until actual payment. Notwithstanding such lien and the right of possession aforesaid, the Auctioneers will not undertake any risk as regards any Lot, not liability whatever, as to preservation or delivery thereof.
11e. Upon failure of complying with the above condition, the Auctioneers shall be at liberty to re-sell the Lot or Lots, whether by Public Auction or Private Sale on the premises or elsewhere and the deficiency, if any, together with all charges attending the same, shall be made good by the defaulter at this sale who shall have no claim to any surplus that may arise from each second sale.
12a. It is the responsibility of the purchaser to ascertain the authenticity and condition of any lot prior to sale. Lots may only be returned by consent of the Auctioneers, and this consent will only be considered if the purchaser states reasons for default in writing within 10 days of the sale in the case of UK purchasers and 14 days in the case of overseas purchasers. We must point out that autographs and documents returned on the grounds of their authenticity MUST be accompanied by a written and signed statement by an identified authority qualified to offer an opinion on authenticity, stating exactly why the authenticity of the document is challenged. This statement should include factual information as to why the authenticity of the document is challenged in addition to mere opinion. We are NOT PREPARED TO ACCEPT verbal statements that ‘an expert (anonymous) has been consulted and he does not feel that the document is authentic’ as grounds for return of documents and refunds.
12b. This right of return does not apply however to collections of ephemera, nor to items which are not named in the catalogue, stains, foxing, marginal wormholes nor other defects not affecting the completeness of the text NOR in respect of defects specifically mentioned in the catalogue entry at time of sale, nor in respect of lots sold for less than the £100 hammer price.
Please ensure that you have the correct current shotgun certificate or registered firearms dealers licence to purchase any guns or firearms, including cartridges. It is the buyer's responsibility to ensure that you have the appropriate valid licence before placing any bids. You must be over 18 to purchase any of these items and may be asked to produce identification. Please also be aware that the couriers we use do not ship such items, therefore you will be responsible to arranging collection or your own shipping method where applicable. If you need to ask us any questions in relation to this matter then please call the office for clarification.
A/F = As Found A = Average A/G = Average to Good
CB = Cloth Bag C/W = Complete With DJ = Dust Jacket
DW = Dust Wrapper E = Excellent F = Fair
F/G = Fair to Good G = Good HB = Hardback
M = Mint MB = Makers Box MCB = Makers Cloth Bag
MOB = Makers Own Box/Bag MX = Mixed Collection P = Poor
POF = Prince of Wales Feathers SB = Softback SMF = Smooth Faced
S/S = Steel Shafted VG = Very Good # = Approximate
Conditions for Internet Live Bidding
Conditions of Sale
By registering with www.the-saleroom.com and using the system to bid during the auction, you are agreeing to be bound by the auctioneers standard terms and conditions of sale as displayed on his website and in his printed catalogue.
Please check with the auctioneers to see if the-saleroom.com commission (proxy) bidding is enabled for this auction.
If the-saleroom.com is not enabled for commission bids, please contact the auctioneers office and leave bids there. The auctioneers will always attempt to execute your bids at the lowest possible price subject to their standard terms and conditions.
Proof of Identity
After you register with www.the-saleroom.com the auctioneers may contact you to establish proof of identity and address. The auctioneer will require credit/debit card details to be submitted as part of the registration process. In completing the bidder registration and providing your credit/debit card details and unless alternative arrangements are agreed with the auctioneer you
(i) authorise the auctioneer, if they so wish, to charge the credit/debit card given in part or full payment, including all fees, for items successfully purchased in the sale via the-saleroom.com, and
(ii) confirm that you are authorised to provide these credit/debit card details to the auctioneer through this site and agree that the auctioneer is entitled to ship the goods to the card holder name and cardholder address provided in fulfilment of the sale.
Amounts Payable by the Buyer
Any successful bid will be subject to a 3% service charge. The buyer will pay the hammer price plus any Value Added Tax (VAT) or General Sales Tax (GST) on hammer plus the auctioneer’s standard buyer’s premium plus the service charge plus UK VAT at 20% on the combined buyers premium and service charge.
VAT on hammer price is normally nil, but may be charged at 5% or 20% dependent upon the prior history of the item, its import status or vendor status. Non-EU buyers may be able to reclaim VAT on hammer upon evidence of export from the EU.
A summary of any VAT on hammer price (VAT/GST) and total buyers premium (including the service charge and VAT) payable can be found by clicking on the relevant lot number or lot image in the catalogue.
United Kingdom VAT Regulations
VAT at 20% is always payable on buyer’s premium and service charges whether or not items are being exported from the UK and whether or not items are being sold under temporary import regulations. There are to be no exceptions under a recent European Union (EU) Court of Justice ruling.
If the buyer is of the opinion that his items qualify for deduction of VAT then he should contact HM Revenue and Customs with the appropriate export/import documentation.
the-saleroom.com technology allows the user to bid online at live auction events whatever kind of internet connection they use. With dial-up, users will in most situations be still able to bid online. With a broadband connection, users will in most situations be able to hear the auction so long as they have speakers attached to their pc, bidders are responsible for their own connections.